Commonwealth v. Smalling

*198Opinion of the Court by

Judge Miller

Reversing.

On November 19, 1910, the appellee, M. E. Smalling, was arrested under a bastardy warrant, which had issued upon the affidavit of Essie Shaw, charging him with being the father of her illegitimate child. The case was tried at the December term of the Monroe Circuit Court, by a jury, which found appellee not guilty; whereupon the Commonwealth, by Essie Shaw, prosecuted an appeal to the Monroe Circuit Court. When the case came on for trial at the April term, 1911, of the Monroe Circuit Court, it was, on motion of the appellee, dismissed by the…